M. Venkata Ramaiah v. Joint District Collector (CS), Anantapur, Anantapur District
2013-11-19
A.RAJASHEKER REDDY
body2013
DigiLaw.ai
ORDER :- This writ petition is filed for a mandamus declaring the action of the 4th respondent in issuing proceedings vide Rc.No.190/2009/B, dated 16.7.2009, suspending the authorisation of the petitioner as fair price shop dealer, as illegal and arbitrary. 2. The case of the petitioner is that he was appointed as a fair price shop dealer of Shop No.13, Nallacherlopalli Village, Mudigubba Mandai, Anantapur District. The 4th respondent passed proceedings in Rc.No.190/2009/B, dated 16.7.2009 suspending the authorisation of the petitioner as a fair price shop dealer and the petitioner was issued a notice dated 23.7.2009 by the Sub-Collector, Penukonda, to file his explanation. Thereafter the petitioner filed his explanation in pursuance of the notice dated 23.7.2009. Till now, no final orders are passed on the explanation of the petitioner to the show-cause notice, but suspension in respect of petitioner's authorisation is continuing. Aggrieved by the same, the present writ petition is filed. 3. Heard both sides. 4. Even as on the date of order of suspension, the 4th respondent has power to suspend the authorisation of a dealer only for a period of ninety days and that period elapsed long back. Even four years elapsed after issuance of show-cause notice, no final orders are passed till today. 5. Learned Counsel appearing for the petitioner relied on a judgment reported in D. Sambasiva Rao v. Joint Collector, Guntur and others, 2005 (1) ALD 847 = 2007 (6) ALT 239 , wherein this Court held that the maximum period of suspension of the authorisation of a dealer can be for a period of ninety (90) days. 6. In view of the above, this writ petition is allowed setting aside the proceedings dated 16.7.2009 in Rc.No.190/2009/B, passed by the 4th respondent and the petitioner shall be continued as a fair price shop dealer till final orders are passed by the 2nd respondent. No costs. 7. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.